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Horne v. Flores

June 25, 2009

Supreme Court Ruling Undervalues Equal Educational Opportunity

(New York, NY) – As a result of the Supreme Court's deeply divided ruling today in Horne v. Flores, a federal district court will need to take a closer look at whether the state of Arizona continues to violate the rights of English Language Learner (ELL) students. All of the Justices recognized the vital importance of the Equal Educational Opportunities Act (EEOA), which requires states to take effective action to overcome language barriers for ELL students. Unfortunately, the narrow majority's ruling is likely to make it more difficult for courts to provide meaningful and lasting remedies for clear violations of federal law.

"The Court's ruling discounts the impact of Arizona's failure, for almost two decades, to provide equal educational opportunities to its schoolchildren," stated John Payton, LDF's President and Director-Counsel. "But when the district court takes another look at Arizona's educational programs, as today's decision requires, we fully expect that it will ensure that no student faces serious educational deficiencies."

In 1992, a group of parents and students filed this case to address significant inadequacies in the ELL program of the Nogales, Arizona Unified School District. Eight years later, a federal district court determined that Arizona failed to provide Nogales and other school districts with the resources necessary to fulfill their obligations under the EEOA.

Although Arizona has never complied with the district court's orders, several state officials sought to set them aside. Over a vigorous dissent from Justice Breyer, the Court today makes it easier for state officials to exempt themselves from court orders with which they have never complied. On remand, however, the extreme facts of this case should lead to continued federal court oversight to ensure Arizona's compliance with the EEOA. In fact, the U.S. Department of Education has recently issued pointed criticism of Arizona's current ELL programs.

"As this case moves forward, the U.S. Department of Education has a key role to play in monitoring Arizona's ELL programs," stated Anurima Bhargava, Director of LDF's Education Practice. "We urge the federal government to use all of its enforcement power so that students receive the educational opportunities to which they are entitled under federal law."

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ABOUT LDF
Founded in 1940 by Thurgood Marshall, the NAACP Legal Defense and Educational Fund, Inc. is the nation's preeminent civil rights advocacy organization. Focusing on issues of education, voter protection, economic justice and criminal justice, LDF serves as America's legal counsel on issues of race in order to move our nation closer to fulfilling the promise of equality for all.